01-023-O
ORDINANCE NO. __________

AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 14 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-2, TWO FAMILY RESIDENTIAL, TO C-2, HIGHWAY COMMERCIAL, PROPERTY LOCATED ON THE LOWER SIDE OF GRAND AVENUE BETWEEN 66TH AND 67TH AVENUES WEST (KLEIMAN).

BY COUNCILOR FENA (introduced by Councilor Stenberg):

        The city of Duluth does ordain:

                Section 1.     That Plate No. 14 of the zoning district map as contained in the appendix to Chapter 50 of the Duluth City Code, 1959, is amended to read as follows:

[MAP]

                Section 2.     That this ordinance shall take effect and be in force 30 days from and after its passage and publication.



STATEMENT OF PURPOSE: This zoning ordinance amendment provides for a zoning change, from R-2 two family residential to C-2 highway commercial property located along the lower side of Grand Avenue between 66th and 67th Avenues West.

The Duluth city planning commission approved of this zoning change following a public hearing held May 23, 2001.

In approving the zoning change the commission made the following findings of fact in support of the change:

This is an area of transition from manufacturing on the east and south to residential properties on the north and west. About 25% of the requested area is presently used as manufacturing. Approximately 50% of the site is former railroad property with manufacturing zoning adjacent.

The only access to this property is from Grand Avenue and through an M-1 zoned, and unimproved, Redruth Street on the east connecting to 63rd Avenue West. Utilities are all available in Grand Avenue. The R-2 zoned properties to the west have been developed as churches which basically eliminates the potential for development of townhouses as proposed by the plan. In turn the churches provide a definitive transition/boundary between the commercial/manufacturing and residential uses. The traffic volumes on Grand Avenue are an impediment to residential development along the right-of-way. The recreational development shoreland zone of 62nd Avenue West creek does place considerable limitations on the development of this property, ie. 30% maximum impervious surface within 300 feet of the culvert.

Changing this property to commercial does extend the interface between manufacturing and commercial with residentially zoned property across Grand Avenue.

Points in favor:
    1.     This is an area of transition from manufacturing on the east and south to residential properties on the north and west.
    2.     About 25% of the requested area is presently used as manufacturing.
    3.     Approximately 50% of the site is former railroad property with manufacturing zoning adjacent.
    4.     The only access to this property is from Grand Avenue and through an M-1 zoned, and unimproved, Redruth Street on the east connecting to 63rd Avenue West. Utilities are all available in Grand Avenue.
    5.     The R-2 zoned properties to the west have been developed as churches which basically eliminates the potential for development of townhouses as proposed by the plan. In turn the churches provide a definitive transition/boundary between the commercial/manufacturing and residential uses.
    6.     The traffic volumes on Grand Avenue are an impediment to residential development along the right-of-way.
    7.     The culvert and the recreational development shoreland zone of 62nd Avenue West creek does place considerable limitations on the development of this property.

Points in opposition:
    1.     Changing this property to commercial does extend the interface, by over 500 feet, between manufacturing/commercial with residentially zoned property across Grand Avenue.
    2.     The recreational development shoreland zone of 62nd Avenue West creek does place considerable limitations on the development of this property.

The planning commission finds that the ordinance governing the application is sections 50-114 through 50-120; that compliance with that ordinance requires that those requirements are met; and that the following facts, features or events show compliance:
    i)       Sec. 50-115 was met by the filing of the petition by Joseph H. Kleiman on April 13, 2001.
    ii)      Sec. 50-116 was met by the publishing of a legal notice in the Duluth News Tribune on May 4, 11 and 18, 2001 and the planning commission public hearing on May 23, 2001.
    iii)     Sec. 50-117 was met by the certification by the city assessor on April 25, 2001.
    iv)     Secs. 50-118 and 50-119 are met by the planning commission hearing on May 23, 2001.
    v)      Sec. 50-120 was paid (#4141) on April 12, 2001.

Date Application Received: April 25, 2001
Action Deadline: August 23, 2001